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August 16, 2019

Premier Team of Patent Litigators Joins Milbank

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Nationally recognized team led by David Gindler and Gary Frischling adds significant trial experience to the firm’s Intellectual Property Litigation capabilities

Milbank LLP is pleased to announce that four highly regarded intellectual property litigators – David Gindler, Gary Frischling, Lauren Drake and John Lu – have joined the firm as partners in the firm’s Litigation and Arbitration Group in the Los Angeles office. The team adds recognized patent trial experience to the firm; each of the new partners has experience representing some of the world’s preeminent life sciences and technology companies in high stakes trials and other matters. Prior to joining Milbank, each was a partner at Irell & Manella LLP.

Scott A. Edelman, Chairman of Milbank, said: “The IP team joining us today has an impressive list of accomplishments and a stellar reputation. This team will allow us to serve our clients in ‘bet-the-company’ litigations involving intellectual property issues. The addition of these superb lawyers to the firm signals a commitment to our investment in bolstering our intellectual property capabilities. We are pleased to welcome them to the firm.”

  • David I. Gindler is widely regarded as one of the nation’s top patent litigators, and is joining Milbank as Head of the firm’s Intellectual Property Litigation and Licensing Group.  He has broad experience trying complex patent cases across a broad array of industries and technologies. Representing both established and emerging commercial and nonprofit organizations, he has achieved extraordinary trial outcomes for both plaintiffs and defendants. Mr. Gindler’s achievements include securing a $302 million jury verdict, the largest compensatory damage award upheld in a published California appellate decision, as well as defeating a $217 million damages claim where liability had already been established in an earlier trial handled by a different law firm. Chambers has ranked Mr. Gindler in Band 1 for Life Sciences: IP/Patent Litigation in California, and recognized him as a “Leading Individual” in the areas of intellectual property, patent and life science law. He has also been honored by LMG Life Sciences Awards as “California General Patent Litigator of the Year” in 2017 and won “Patent Impact Case of the Year Award” in 2016 for his work on Ariosa Diagnostics v. Sequenom. In addition, he has been named one of California’s “Top IP Litigators” by the Daily Journal from 2014 to 2019. He received his J.D. from UCLA School of Law.
  • Gary Frischling is a seasoned trial lawyer with a focus on complex, high-stakes intellectual property disputes, including patent, copyright, trademark, unfair competition and trade secret litigation. He also has an active practice before the U.S. Patent and Trademark Office in connection with inter partes reviews (IPRs) and has conducted other proceedings before the Patent Trial and Appeal Board. On the transactional side, his practice includes intellectual property licensing, technology development and acquisition deals; intellectual property reviews in connection with mergers, acquisitions and asset purchases; trademark advice and prosecution and general intellectual property advice and counseling. He has been named as one of the “Top IP Lawyers” in California by the Daily Journal from 2015 to 2019. He received his J.D. from UCLA School of Law and a B.S. in Electrical Engineering and Computer Sciences from the University of California, Berkeley.
  • Lauren Drake is a seasoned patent litigator, focusing her practice on intellectual property and patent litigation, including patent post-grant proceedings. She has extensive experience representing clients in the pharmaceutical and biotechnology industries. She was named to the Southern California Rising Stars list in 2018 and 2019. She received her law degree from Loyola Law School and a B.S. in Biochemistry and Molecular Biology from the University of California, Santa Barbara.
  • Yite (John) Lu is a seasoned patent litigator representing clients in matters involving patent infringement, biosimilars, ANDA litigation and licensing disputes. He also represents clients in connection with proceedings before the Patent Trial and Appeal Board. He was named to the Southern California Rising Stars List in 2019 and received his J.D. from Yale Law School and earned his Doctor of Pharmacy, with highest distinction, from the University of North Carolina, Chapel Hill.

Dan Perry, Practice Group Leader of the firm’s Litigation & Arbitration Group, said: “We are pleased to add these highly skilled and well-established trial lawyers to the team. The group is an industry-leading addition to our IP and Litigation capabilities and to the Los Angeles litigation team, which handles high-profile complex IP litigation, complex commercial cases, and white collar and regulatory investigations.”

“The high-end patent litigation capabilities of this group complement our strong corporate practices in California and across the globe,” added Deborah Conrad and Mike Duff, co-heads of the firm’s Los Angeles office.

Mr. Gindler noted: “We are leaving many friends behind at Irell & Manella, a great firm which has provided us with many opportunities. What attracted our group to Milbank is the opportunity to make a major contribution to the growth and success of Milbank’s IP practice in California and globally. We look forward to collaborating with our new colleagues.”

From multi-party and multi-jurisdictional matters, to difficult prosecution of patent applications for core technology, to “bet-the-company” injunctions, Milbank’s IP team has handled some of the most complex and high-profile matters. The firm’s Litigation & Arbitration Group includes a deep bench of trial lawyers, including seven former Assistant U.S. Attorneys. In 2018, the firm’s Litigation & Arbitration Group was named Litigation Department of the Year Finalist by the New York Law Journal; these awards honor the top general and specialty litigation departments that have demonstrated excellence in trials, appeals and pro bono matters.